When Referees Become Reformers: Due Process and Constitutional Considerations in Competition Market Investigations

Once strictly a tool for fact-finding and industry research, market investigation tools have recently evolved into forceful levers of regulatory power. A growing number of jurisdictions—including the United Kingdom, South Africa, Mexico, Iceland, and Greece—endow their competition authorities with the ability to impose binding, market-wide structural and behavioral remedies at the conclusion of market investigations. This article examines the due process risks in this shift to “interventio